Research On Protection Of Intellectual Property Rights In International Trade In Context Of Economic Globalization

One of new features of the precent international trade is the close relationship between international trade and intellectual property rights (IPRs) with the increase of international transactions related to IPRs. Intellectual property rights in the international trade involve two fields:one is the trade of IRRs (including the trade of IPRs products in a broad sense); the other is the trade in goods and services involving IPRs, that is, IPRs is merged into the production and transaction of goods and services in knowledge- or technology-densed industries and some new service industries. Protection of intellectual property rights in the international trade displays the trading character of IPRs in the precent context of international economics.Intellectual economy since 1990s’incurred the new period of economic globalization and trade liberalization and therefore revolutional changes in many fields. In the protection of intellectual property rights, the international IPRs treaties in WIPO and especially in WTO not only promoted domestic IPRs laws and regulations into the international laws, but also combined the international IPRs treaties with the international trade laws. It fomed the international IPRs protection system and incurred the trade-related problems of IPRs protection, which were endowed continuously with new contents in the course of economic globalization and trade liberalization. IPRs are not only the important elements affecting the technical improvement and industrial development for one nation, but also endowed with trading features and closely related to the development of international trade. Internaional trade is the context of the development of IPRs; furthermore, it becomes the field of effects of IPRs protection. It is the complex and mutual relationship between international trade and protection of intellectual proterty rights.In the course of economic globalization, the problems of IPRs protection in the international trade are involved mainly in the building of international IPRs protection system related to trade and the interaction between IPRs protection and international trade. On the basis of the above clues and the related theories in jurisprudence, economics and international trade, this paper gives a thorough analysis of the interraltionship in the development of IPRs protection and international trade in the context of economic globalization. On the building of IPRs protection systems, this paper sorts out the long histories of IPRs protection system and international trade, and proved the obviously historical interrelationship between them. With the increase of the factor of knowledge in the course of economic globalization, the trade-related IPRs protection system in the world has been well-coordinated among different law fields and different organizations. On the interrelationship of IPRs protection and international trade, this paper gives a thorough analysis of the effects of the international trade on IPRs protection and the effects of IPRs protection on trade. The positive and negative effects in the interaction prove that the interrelationship between IPRs protection and international trade is complex. This paper also discusses the trade conflicts on the basis of the interaction between IPRs and trade, and gives some suggestions to coordinate them. The paper consists of seven chapters, and the framework is as follows:Chapter I is the introduction, which mainly explains the significance of topic, the present situation of the researches, the framework of the paper and its original ideas as well as deficiencies.Chapter II is the overview of related theories on the IPRs protection in international trade. It is a system combined with technology, laws, economics and trades, so is involved in the related theories of jurisprudence, economics and international trade. They build the jurisprudent basis of the research, provide economical proofs for the costs & benefits analysis and provide direct proofs for establishing contact of IPRs protection with international trade.Chapter III presents the development of trade-related IPRs systems in the context of economic globalization. The history shows that international trade in the course of economic globalization developed in the meantime in a degree with IPRs protection systems in the technical progress. The current trade-related IPRs protection systems are multiranged, which include global treaties in WIPO and WTO and regional treaties in the international economic integration, besides, domestic IPRs laws in the trade of some nations are endowed with foreign effects and therefore included in the current trade-related IPRs protection systems.Chapter IV is the emphasis of this paper which analyzes the interrelationship between IPRs protection and trade liberalization in the context of economic globalization. Intellectual economy brings about new methods and new contents of international transactions and makes the new period of economic globalization and trade liberalization. On one hand, the development of trade liberalization promotes the great changes of international IPRs protection systems, the status of which is advanced quickly, the new trade-related system of which is built and the development of which shows unsteady and unbalanced. On the other hand, the changes of IPRs protection systems brings about the problems on the international trade, including the substancial changes in the trade basis, trade patterns and trade returns as well as their allocation, furthermore, IPRs protection has been advanced in the nation’s trade strategy. They affect the deep development of trade liberalization.Chapter V presents the practices of IPRs-related trade conflicts in the course of economic globalization and the effects of IPRs protection on international trade relationship. The interrelationship between IPRs protection and trade liberalization builds the more closely contact between IPRs and trade, and IPRs protection is becoming the new focus of escalation of trade conflicts. The analysis of IPRs disputes in WTO provides references for the true knowledge and solvement of conflicts. The analysis of IPRs-related conflicts in the context of economic globalization is helpful to understand their features, legal principles, experiences and achievements and find their objective laws in the course of economic globalization.Chapter VI puts forward the specific problems of IPRs protection in Chinese foreign trade and the relevant strategies to cope with. By the study of histories of Chinese foreign trade and IPRs systems, this paper presents the scientific knowledge on their relationship. Then it is discussed about the effects of IPRs protection on trade in China and the emphasis is the IPRs-related foreign trade conflicts. Finally, it is put forward about the strategies and counter-measures solving the problems of IPRs protection in Chinese foreign trade.Chapter VII is the conclusion. The new model of current IPRs system in international trade is the coordination of multi-fields of laws and TRIPS plays a leading role. Trade liberalization and economic globalization are the important conditions and contexts of the development of IPRs system, and IPRs protection also affects the the deepgoing development of trade liberalization and foreign trade strategies of nations. Strenghtening IPRs protection in trade intensifies trade conflicts which affects the trade relationships among nations. In the course of further merging into trade liberalization and economic globalization, China should take the building of IPRs system seriously and improve the strategies and couter-measures for solving the IPRs-related trade conflicts.The original ideas of this paper are as follows:First, the paper gives a thorough analysis of effects of strengthening IPRs protection in trade on the basis of the objective interrelationship between international trade and IPRs protection, and also presents the scienctific thoughts about solving the IPRs-related problems in foreign trade.Second, the analysis of IPRs protection in trade is in the context of economic globalization. On such basis, the paper discusses the complex interrelationship between trade and IPRs protection, and presents such viewpoints that IPRs-related trade confilict are common in the intellectual economy and the final solvement should be in the the deepgoing development of economic globalization.The deficiency of this paper is mainly in the empirical analysis. International trade is closely related to IPRs protection. It would be more scientific and tight to utilize the empirical analysis of econometrics to prove the interrationship. But owing to the limited materials and the limited knowledge on econometrics of the author, the analysis of interrelationship in this paper is not fully on the basis of such a method, which should be improved in the future study.